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DEAR MRe MOUNT: YOU HAVE REQUESTED MY OPINION REGARDING THE=CITYIS LEGAL STATUS IN MAKING TUITION GRANTS FOR THE FISCAL YEAR COMMENCING JULY 1~ 1965. THE FINAL ORDER OF THE THREE JUDGE DISTRICT COURT IN THE OMINBUS TUITION- GRANT SUIT WAS ENTERED MARCH 9~ 1965. IN THE DECISION ACCOMPANING THIS ORDER~ THE COURT CLEARLY STATES THAT TUITION GRANT PAYMENTS ARE PERMISSIBLE UNLESS ~PAID BY THE GOVERNMENTAL AUTHORITIES KNOWING THE FUNDS WILL BE USED TO PROVIDE THE WHOLE OR GREATER PART OF THE COST OF OPERATION OF A SEGREGATED SCHOOL~ AS IT IS IN EACH OF THE PRIVATE SCHOOLS DESCRIBED IN THE COMPLAINT~o (EMPHASIS SUPPLIED) IN FACT~ AT THE PRESENT TIME THE CiTY iS ENJOINED t'FROM THE PAYMENT OF SAID TUITION GRANTS FOR USE IN ANY SCHOOL PREDOMINATELY MAI'NTAINED BY SUCH TUITION GRANTS~ INCLUDING THE PRIVATE SCHOOLS REFERRED TO IN THE COMPLAINT~ SO LONG AS SUCH SCHOOL II REFUSES TO ACCEPT PUPILS ON ACCOUNT OF THEIR RACE OR COLOR IT iS PROVIDED BY STATE LAW~ SEC. 22-115.34~ THAT LOCAL SCHOLARSHIPS ARE AVAILABLE FROM THE STATE BOARD OF EDUCATION WHEN SUCH GRANTS ARE NOT AVAILABLE FROM THE LOCAL GOVERNING BODY. THIS SECTION REQUIRES THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION TO, PROVIDE FOR THE PAYMENT OF SCHOLARSHIPS ON BEHALF OF SUCH CITY IN THE AMOUNT OF ~250.00 FOR ELEMENTARY SCHOOLS AND 9275.00 IF THE CHILD ATTENDS A HIGH SCHOOL. IF PAYMENT OF THE SCHOLARSHIP GRANT iS MADE BY THE STATE THE COMPTROLLER THEN DEDUCTS THE AMOUNT REQUIRED TO REIMBURSE THE STATE FOR THESE EXPENDITURES FROM FUNDS APPROPRIATED FOR DISTRIBUTION TO SUCH CITY. IT IS MY OPINION THAT DUE TO THE INJUNCTION AND THE BURDEN OF PROOF PLACED UPON THE CITY BY THE FINAL ORDER BY THE THREE JUDGE COURT IN:THE TUITION GRANT SUIT THAT THE CITY"SHOULD DISCONTINUE PAYMENT OF TUITION GRANTS FROM CiTY APPROPRIATED FUNDS~ i 'RECOMMEND THAT COUNCIL ADVISE CITY PARENTS THAT ALTHOUGH TUITION GRANTS WILL NO LONGER BE AVAILABLE F~OM THE CITY THAT SUCH SCHOLARSHIPS ARE AVAILABLE FROM THE STATE FOR USE IN SCHOOLS APPROVED BY THE STATE IN THE AMOUNT OF ~250.00 FOR ELEMENTARY SCHOOLS AND ~75.00 FOR-HIGH SCHOOLS UPON APPLICATION TO THE STATE BOARD OF EDUCATION. RESPECTFULLY SUBMITTED~ PAUL Do SUMMERS, JR. (SIGNED) CITY ATTORNEY COMMUNICATION FROM CITY MGR. RE: TUITION GRANTS MATTER RE: ZONING VICINITY OF ~ARK:ST. APRIL 19~ 1965 TO MEMBERS OF CITY COUNCIL CITY OF CHARLOTTESVILLE~ VIRGINIA GENTLEMEN: I SUGGEST THAT THE CITY ATTORNEY'S RECOMMENDATION IN REGARD TO TUITION GRANTS SHOULD BE APPROVED AND THAT ALL APPLICATIONS FOR GRANTS SHOULD BE MADE DIRECTLY TO THE STATE BOARD OF EDUCATION. THIS PROCEDURE WILL NOT IN ANY WAY DEPRIVE ANY PERSON ENTITLED TO A TUITION GRANT FROM RECEIVING IT NOR ~ILL IT RELIEVE THE CITY FROM PAYING ITS PORTION OF THE TUITION GRANT AS FIXED BY THE STATE STATUTES. IT WILL~ HOWEVER'~ REDUCE THE AMOUNT OF THE PROPOSED GRANT AS FIXED IN THE CITY BUDGET SINCE THE AMOUNT FIXED IS GREATER THAN ALLOWED BY THE STATE STATUTES. IF THIS RECOMMENDATION IS ADOPTED THE PROPOSED BUDGET FOR THE FISCAL YEAR 1965-66 SHOULD BECHANGED SO AS TO ELIMINATE THE REVENUE ITEM ~tSTATE TUITION GRANTSt! IN THE AMOUNT OF ~95~125.00 SINCE PAYMENTS WOULD BE MADE BY THE STATE DIRECTLY TO THE APPLICANT AND THE FUNDS WOULD NOT PASS THROUGH OUR BUDGET. I SUGGEST ALSO THAT THE TITLE ON THE LAST PAGE OF THE PROPOSED BUDGET BE CHANGED TO READ ~OTHER EDUCATIONAL COSTS~ INSTEAD OF I~TUITION GRANTS~. WHEN THE APPLiCATI~ON IS MADE DIRECTLY TO THE' STATE BOARD OF EDUCATION THE STATE WILL PAY THE CITY'S PORTION OF THE GRANT AND WILL DEDUCT THE ADVANCED FUNDS FOR EACH GRANT FROM FUNDS DUE THE CITY. -THEREFORE~ THE REVENUE TO BE RAISED BY THE CiTY FOR TUITION GRANTS SHALL REMAIN TN~THE BUDGET TO OFFSET THESE DEDUCTIONS AND ANY INCREASE IN EDUCATIONAL COSTS CAUSED BY THE FEDERAL COURT DECISION OVER AND ABOVE THOSE ESTIMATED BY THE SCHOOL OFFICIALS IN THEIR 1965-66 FISCAL YEAR BUDGET. THE NET RESULT WOULD BE A REDUCTION IN THE PROPOSED 1965-66 BUDGET TOTALS IN BOTH THE REVENUE AND EXPENDITURE OF ~95~125.00. THE PROPOSED TAX RATE SHOULD REMAIN THE SAME. RESPECTFULLY SUBMITTED~ dl. Bo~E. (SIC. ED) CITY MANAGER dEB/BP A COMMUNICATION WAS PRESENTED FROM THE PLANNING COMMISSION RECOMMENDING THAT THE R-3 MULTIPLE D~ELLING ZONING IN THE VICINITY OF PARK STREET NOT BE CHANGED. ON MOTION BY MR. SCRIBNER~ SECONDED BY MR. PONTON~ THE FOREGOING RECOMMENDATION WAS UNANIMOUSLY ADOPTED. A COMMUNICATION WAS PRESENTED FROM THE PLANNING COMMISSION RECOMMENDING THAT CITY CODE ~ECTIONS 60 THROUGH 67 AND 76 AND 77 oF THE ZONING ORDINANCE BE AMENDED